Legal Area

General Conditions Of Use

This web site, parajumpers.it, with the relative services and contents (hereinafter known as the "Site") is provided for users and/or clients (hereinafter known as the "Users" or User") for the promotion and sale of the consumables belonging to Parajumpers North America Corp. a wholly company owned by Ape & Partners S.p.A., and the supply of connected services, such as, for example, the newsletter and the contacts form (hereinafter known as the "Purpose"). The Site is managed by Diana USA Corp. with its registered offices located in 68 Greene Street, New York – NY10012 (hereinafter known as the "Operator"), further to the authorization granted by Parajumpers North America Corp., with its registered offices located in 627 West 27th Street New York, NY 10001.

The access, consultation, registration and any use of the Site and its relative contents and services, such as the purchase of products offered on it (hereinafter known as the ’"Use" or "To Use"), are activities regulated by these general conditions of use (hereinafter known as the "General Conditions of Use").
Use of the Site presumes that the User is aware of these General Conditions of Use, and shall lead to the unconditional and full acceptance of the same.
Therefore, the User is hereby invited to carefully read the General Conditions of Use, as well as the Privacy Information and the General Conditions of Sale, prior to Using the Site.

1) USE OF THE SITE

1.1) Use of the Site is exclusively authorized for personal reasons that are strictly connected with the Purpose and cannot be traced back, even only partially, to any activity of a professional, entrepreneurial, artisan and/or commercial nature.

1.2) Only adults shall be exclusively entitled to use the Site.

1.3) In using the Site, the User shall undertake not to:

communicate untrue and/or incorrect information, and/or relative to third parties, without their explicit consent and/or use the same incorrectly;

is of an obscene, intimidating, offensive, harmful, violent, fraudulent, confidential or unlawful nature;

constitute spam, pyramid communications, chains or any form of advertising or commercial or promotional communication unless it has been authorised in writing by the Operator;

is technically dangerous or harmful, such as, for example IT viruses, malware, codes or other instruments that might damage the Operator’ IT systems as well as third party ones;

interfere, interrupt, damage, infringe and/or tamper with the Site and its regular, functioning capacity;

d. breach third party rights, the General Conditions of Use and Sale on the Site and/or any provision in the legislation that is currently in force concerning personal data protection.

1.4)Notwithstanding the Operator’s right, at any time whatsoever, to interrupt, suspend and/or revoke, even at his own discretion, and without having to provide any reason whatsoever, Use of the Site. The User acknowledges and accepts that the Operator shall not, in any case whatsoever, be held liable for any interruptions, suspension and/or revocation of the Use of the Site.

2) INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS AND DATA BANKS

2.1) Any rights concerning the contents present or made available on the Site or connected with it, by way of an example, but not limited to the same, texts, images, photographs, music, sound, video, designs, logos, graphics, layouts, source codes, software, design, the technical solutions adopted and the structure produced for the Site, data banks (hereinafter known as the "Contents"), are held by the Operator and the relative owners who entertain, directly and/or indirectly commercial relations with the Operator and are protected by the national and international laws in force on the subject of the protection of intellectual and/or industrial property rights and/or data banks.

2.2) Except for any temporary reproduction of the Contents for activities without any economic relevance and strictly connected with the Purpose, it is strictly forbidden to amend, reproduce, publish, transfer, divulge and/or use, otherwise, in any form or way, the Contents, without the Operator’s explicit authorization in writing.

2.3) In any case, it is hereby understood, that The User’s use of the Site shall not lead to the latter’s acquisition of any rights whatsoever concerning the contents.

2.4) The User cannot undertake any operation that might contrast with the Operator’s regular management of the data bank, and the relative owners who entertain, directly and/or indirectly commercial relations with the Operator or which might cause unjustified prejudice to the same. 2.5) Within the limits of what has been envisaged by the national and international legislation in force concerning the protection of intellectual and industrial property rights and/or data banks, it is strictly forbidden to systematically extract and/or use the Contents of the Site, by means of data mining, robots and other systems aimed at acquiring and extracting data, as well as producing and/or divulging data collections that reproduce, either totally or partially, the Contents of the Site and the services supplied, without the Operator’s explicit authorization in writing.

3) TRADE MARKS AND DOMINION NAMES

3.1) The trademarks, dominion names and all the other distinctive signs contained and/or connected with the Site belong exclusively to the Operator or the respective owners who entertain, directly and/or indirectly commercial relations with the Operator.

3.2) Use of the aforementioned distinctive symbols, in any way whatsoever, is strictly forbidden without the Operator’s explicit authorization in writing, and that of the respective owners.

3.3) Use of the Operator’s name, as well as those who entertain, directly and/or indirectly commercial relations with the Operator is, in any case, strictly forbidden, as well as the use of the distinctive symbols, such as, for example, dominion names and trade-marks, by means of metadata (such as, for example, meta-tags e keyword-tags), without the Operator’s written authorization or that of the respective owners.

4) LINKS TO OTHER WEB SITES

4.1) The Site may have hypertext links to other web sites, which may have no connection whatsoever to the Site.

4.2) Said links have been exclusively indicated by the Operator to facilitate the Web Users navigation and connections towards other web sites.

4.3) Indication of a link shall not imply any kind of suggestion, sponsorship and/or recommendation by the Operator to use the connected web sites, nor any kind of warranty concerning the relative contents, services and/or goods offered and/or sold by the same.

4.4) The Operator does not control, in any way whatsoever, the web sites connected by links, nor the information, materials and products contained in them and, therefore, The User hereby acknowledges and recognizes that the Operator cannot be held responsible for the actions, services, products, contents and the policies in force on said, web site, even in relation to personal data processing and conditions of sale.

4.5) Therefore, you are invited to carefully read the conditions of use, the conditions of sale, the privacy information and all, other legal notes on web sites other than the Site.

5) LINKS TO THE SITE

5.1) You can activate hypertext links to the Site, further to being authorized by the Operator to do so. To this end, you should contact the Operator at the following, e-mail address: customercare@parajumpers.it.
The Operator is, at all times, entitled to oppose the activation of links to the Site, even in consideration of the previous adoption of unfair commercial practices or ones not in compliance with sector uses, by an applicant, or rather unfair competition or actions discrediting the Operator.

5.2) The activation of hypertext links is strictly forbidden (such as, but not limited to, deep links or deep frames) to the Site, without the Operator’s written authorization.

PERSONAL ACCOUNT USE

6.1) The User shall undertake to supply accurate and complete data during the personal account registration phase, and promptly inform the Operator about any changes to the information supplied.

6.2) The User who is in possession of a personal account on the Site shall undertake to keep his access credentials confidential and monitor the regular operating capacity of the account, itself, and immediately inform the competent authorities of its use or an attempt to use his account by unauthorized third parties.

6.3) The User hereby accepts that he is solely responsible for all the actions initiated by means of his account, as well as all the damaging consequences or prejudice that might be caused to the Operator, or third parties, further to using his personal account in breach of the General Conditions of Use, the other legal notes set forth on the Site and/or applicable provisions in force, as well as the loss and theft of his access credentials.

6.4) Notwithstanding, the Operator’s entitlement, at any time whatsoever, to suspend, amend or cancel each personal, User account, in breach of the General Conditions of Use, other legal notes contained on the Site, legislative provisions in force or at the Operator’s unquestionable judgement. The User hereby acknowledges and accepts that the Operator shall not, in no case whatsoever, be held responsible for any suspensions, amendments and/or cancellations of his own, personal account.

7) WARRANTIES AND REPONSIBILITY PER USING THE SITE

7.1) The Operator hereby supplies the Site in its current state and fact in law, without any kind of warranty, explicit or implicit, for The User.

7.2) The Operator does not guarantee the Site’s regular operating capacity and those that are connected to it, even indirectly. Within the limits consented by law, the Operator shall not be held liable for any damages incurred through using the Site as well as the third party sites, which are, even indirectly, connected, such as, by way of an example, but not limited to the same, any damages incurred by IT systems, the loss of data or commercial opportunities, as well as damages caused by an interruption to economic activities or derived from Site errors, delays, omissions and inaccuracies.

7.3) The User acknowledges and accepts that the Operator cannot be retained as being in breach of his obligations, nor responsible for any damages incurred by the lack or incorrect functioning of The User’s own and/or third party hardware and software components, telephone and/or telematics connections that are not managed by the Operator directly, as well as the actions of other Users and/or third parties.

7.4) The User is the sole party responsible for Use of the Site. Within the limits consented by law, no responsibility whatsoever can be attributed to the Operator in relation to The User’s Use of the Site, which runs contrary to the legislative provisions in force, the legal notes set forth on the Site and/or damaging to third party rights. Within the limits of what has been envisaged by the legislative provisions in force, The User shall undertake to hold the Operator harmless from all charges and damages, including any legal fees that might be caused by his Use of the Site, in breach of the legislative provisions in force, the legal notes contained in the Site and/or damaging to third party rights.

8) PRIVACY POLICY

8.1) In relation to User, personal data processing, please refer to the Information on Privacy.

8.2) In order to take advantage of the services provided and made by The User, information specifications shall be supplied, and, where necessary, specific consent to personal data processing.

9) WARNINGS

9.1) The Operator has done everything possible to avoid that the Site Contents published describe or represent physically or psychologically violent scenes or any such ones that the Users’ sensitivity might retain them as being prejudicial to civil convictions, human rights and personal dignity, in all its forms and expressions. In any case, the Operator cannot guarantee that the Site’s Contents might be appropriate or lawful in other countries, excluding Italy. However, if said Contents are retained as being unlawful or illegal in some countries, access to the Site is not recommended and if The User does, in any case, access it, the use he makes of the services supplied shall be at his own, exclusive and personal responsibility.

9.2) Notwithstanding what has been envisaged in the Site’s legal notes and the legislative provisions in force, the Operator shall be entitled to amend – at any time whatsoever and without being obliged to communicate – any information, contents or other elements present on the Site.

9.3) The fact that the Operator and/or any third parties with whom the former entertains, directly and/or indirectly commercial relations, delays or omits to assert his entitlements, on the basis of the General Conditions of Use, the Site’s other legal notes and the legislative provisions in force, this does not constitute his/their entitlement of asserting said right, in relation to any actions initiated or which may be initiated in the future.

10) USER GENERATED CONTENT ("UGC")

10.1) The natural person and/or corporate person who, directly or indirectly (even by means of sending specific hashtags) duly authorizes the communication and/or publication and/or divulgation of his own, contribution, in any form or nature whatsoever, and on any medium (including, by way of an example, but not limited to the same: images, photographs, videos, sound, music, texts, the written word and works of any kind whatsoever) by Ape & Partners S.p.A. (hereinafter known as the "Grantor"), shall transfer the same, in perpetuity, irrevocably, non-exclusively, free-of-charge, royalty exempt, and all economic exploitation rights, including the copyright and connected rights relative to said contribution (hereinafter known as "Authorised Contributions"), together with sub-licensing rights. To this end, the Grantor explicitly acknowledges Ape & Partners S.p.A. the unquestionable right of using the Authorised Contributions, of deciding when to use them or remove them, since Ape & Partners S.p.A. and its assigns are the sole, lawful and competent subjects to this end, without limits of time. Said rights shall be granted for the whole World and for all uses and economic exploitation. All the Authorised Contributions shall be considered of a non-confidential nature. By effect thereof, Ape & Partners S.p.A. shall be entitled to: use, copy, distribute, reproduce, transfer, exploit, amend, process, transform, hold on a data base, make cuts, changes and/or additions, insert or replace comments and/or divulge said Contributions in favour of third parties for any purpose and in compliance with the advertising and/or commercial conditions that Ape & Partners S.p.A. and/or its assigns believe to be most expedient (such as, by way of an example, but not limited to the same, by means of reproducing and publishing the Contributions by means of social network channels, such as Facebook and Instagram, in brochures, magazines, albums, collections, products, etc. even within the scope of commercial enterprises). To this end, the Grantor shall also authorise Ape & Partners S.p.A. and its assigns to combine/tie in, either directly or indirectly, the Authorised Contributions with commercial and promotional initiatives, and the image and distinctive symbols belonging to Ape & Partners S.p.A. and/or its assigns (except for the Grantor’s moral rights).

10.2) The Grantor warrants that he is entitled to the rights and has the legal capacity to execute these General Conditions of Use in his own jurisdiction and that the Contribution is an original and exclusive work, and that the same:

has not been derived from any, third party work, without their authorisation;

does not breach, in any way whatsoever, copyright, registered trademarks or any other, third party, intellectual or industrial property rights;

does not breach or potentially infringe any, third party property or personal rights whatsoever, having received the authorisation required and/or specific consent from any third parties involved (or from who has the authority to do so), at any title whatsoever, involved in the Contribution;

is not obscene, racist, discriminatory, nor in any other way contrary to public order nor the principles of public morality in force;

Undertaking to hold Ape & Partners S.p.A. and its assigns harmless whenever one or more declarations or warranties is revealed as being false or inaccurate.
Ape & Partners S.p.A. and its assigns shall also be entitled to reveal the Grantor’s identity to any third parties who sustain that the Authorised Contributions constitute breach of their intellectual property and/or confidentiality rights.

10.3) Ape & Partners S.p.A. and/or its assigns shall not be held liable in relation to any breach of the Grantor’s rights and/or those of any third parties derived, either directly or indirectly, from use , in any way whatsoever, of the Authorised Contributions, in any case, by way of contractual or extra-contractual liability (including, by way of an explanation, negligence or breach of the law) with reference to i) financial damages (including, by way of an explanation, any damages sustained, loss of income and loss of profits, both actual and envisaged, contracts, business generated, opportunities or savings envisaged); ii) loss or reputation; iii) consequential or indirect damages sustained by the Grantor or third parties.

10.4) The Grantor acknowledges that he is responsible to Ape & Partners S.p.A. and/or its assigns, to hold them harmless from all costs, direct or indirect damages, expenses, losses, including any, eventual legal and trial expenses, and in relation to any claim and/or demand and/or action that might be brought in any place by third parties, including public authorities, administrative and state bodies, because of any dispute derived from or, in any way whatsoever, connected with the Contributions’ use by Ape & Partners S.p.A. and/or its assigns, and the declarations and warranties provided by the Grantor through these General Conditions of Use.

11) APPLICABLE LAW AND DISPUTE SETTLEMENT

11.1) These General Conditions of Use are regulated by US Law.

11.2) Any disputes arising from the interpretation, validity and/or execution of these General Conditions shall be subject to the exclusive jurisdiction of United States.

12) AMENDMENTS TO THE CONDITIONS OF USE

12.1) The Operator shall be entitled, either totally or partially, to amend these General Conditions of Use, even in considerations of any, legislative changes and/or its own, commercial policies. Any amendments to the General Conditions of Use shall be communicated to the Users on this page of the Site, and shall become binding as soon as they are published on the Site.

12.2) The User shall be subject to the regulations set forth in the General Conditions of Use, which are, from time to time, in force, when The User makes use of the Site.

13) CUSTOMER CARE

13.1) If you require any assistance concerning the Products, or any further information, or if you wish to make any suggestions, complaints and/or requests, the Client shall be entitled to contact the Seller’s Customer Services by means of the Contacts form care off the following:

General Conditions Of Sale

These general conditions of sale (hereinafter known as the "General Conditions of Sale") shall regulate the goods offered and sold on the web site, parajumpers.it/us-en/ (hereinafter known as the "Site").

The goods purchased on the Site (hereinafter known as the "Products") Diana USA Corp., with its registered offices located in 68 Greene Street, New York – NY10012, (hereinafter known as the "Seller", further to the authorisation granted by Parajumpers North America Corp., with its registered offices located in 627 West 27th Street New York, NY 10001.

You must read and accept these General Conditions of Sale to be able to send a purchase order. Non-acceptance of the General Conditions of Sale shall make it impossible to purchase goods from the Site.

1) RECITALS

1.1) The General Conditions of Sale shall exclusively regulate the offer, the shipping and acceptance of the purchase orders for Products on the Site, between the Seller and Site users.

1.2) The Seller, by means of the Site, shall offer the Products for sale and shall perform its e-commerce activities exclusively in relation to its final end-users, who are adults and "consumers", or rather, natural persons, who do not act in relation to any commercial, entrepreneurial, artisan or professional activities that might, eventually, be conducted (hereinafter known as the "Client").

1.3) The offer and sale of the Products refers exclusively to the countries set forth in the list of shipment countries listed on the relative page of the Site, which can be reached by means of the Homepage.

1.4) The Seller, therefore, shall be entitled not to process any orders from individuals, other than the "consumer" and/or minors, from countries that are not included among the shipment countries or, in any case, orders that are not in compliance with its own commercial policy.

1.5) The General Conditions of Sale do not regulate the sale of goods or supply of services by individuals other than the Seller, even if they are present on the Site by means of links, banners or other linking methods. The Client shall undertake to check the conditions of sale, prior to sending orders and purchasing goods and services from individuals other than the Seller. The latter, therefore, shall not be held liable for the sale of goods and/or the supply of services by third parties and/or the execution of agreements between the Client and third parties.

2) PRODUCT PURCHASE ORDERS

2.1) The Client, in order to purchase one or more Products on the Site, must select the Products he wishes to purchase and add them to the shopping bag. Once he has chosen the Products, the Client must go to the checkout on the shopping bag web page, complete the order form electronically, in compliance with the relative instructions, and send it to the Seller.

2.2) The purchase orders may be made in English and French.

2.3) The Product purchase orders may be made by the Client both by means of his, own account, if he has registered his details on the site, or as a "guest", supplying, in this case, the personal details required to process the order.

2.4) Reference to the General Conditions of Sale has been set forth in the order form, as well as a summary concerning the main characteristics of each Product ordered, and the relative price, the methods of payment accepted and the delivery terms applied to the Products purchased, the shipment and delivery costs, the conditions established to assert withdrawal rights, and the conditions and times to return the Products purchased.

2.5) Prior to going ahead with purchasing the Products, by sending the order form, the Client shall undertake to read the General Conditions of Sale, which can also be printed, memorised or copied for personal use. The Client, by sending the order form, hereby declares that he has understood and approved the contents set forth in the form, as well as accepted the General Conditions of Sale and Use of the Site whilst, if he cannot, the order form cannot be sent.

2.6) Prior to sending the purchase order form, the Client can check the order details, as well as identify and correct any mistakes in entering the data.

2.7) Furthermore, when the order form is sent by the Client, this implies that the latter has undertaken to pay the price indicated in the order.

2.8) Once the purchase order has been accepted, the Seller shall undertake to send the Client a purchase order receipt, which shall contain a summary of the General Conditions of Sale, the information relative to the Products’ essential characteristics, a detailed indication of the price, the methods of payment, the conditions and ways of asserting the withdrawal entitlement and the delivery charges.

2.9) The Seller is entitled not to accept any purchase orders that are incomplete or have not been filled in correctly, which do not provide sufficient solvency guarantees or if the Products are unavailable. In these instances, the Seller shall promptly undertake and, in any case, within fourteen (14) days, running from the date on which the order was sent to the Seller, inform the Client, by e-mail, that the agreement has not been executed and that the Seller shall not process the purchase order. In the case in which the Client has already sent the order form and paid for the Products, the Seller shall undertake to reimburse the monies paid.

2.10) The order form shall be archived in the Seller’s data bank for the time required to process the orders and, in any case, in compliance with the terms of the law in force. The Client shall be able to see the orders made by accessing the following page.

3) THE PRODUCTS’ CHARACTERISTICS

3.1) Original Products, characterised by the brand name, " Parajumpers ", are exclusively offered for sale on the Site, further to authorisation granted by Parajumpers North America Corp. and/or any, other individual authorized by the latter.

3.2) The Products’ essential characteristics have been set forth on the Site, in each Product description. The images and colours relative to the Products on sale might not, however, correspond to the real ones, caused by the Internet browser and/or monitor used.

3.3) Each Product is sold on the Site together with its identification tag, which constitutes an integral part of the Product.

4) PAYMENTS

4.1) The Product prices set forth on the Site are calculated in US Dollars (USD)/Canadian Dollars (CAD) and do not include shipment and delivery costs, which are clearly indicated at the beginning of Product purchase procedure.

4.2) The Product prices may be subject to variations. The Client shall undertake, therefore, to check the final sales price prior to sending the relative order form.

4.3) The payment conditions can be referred to on the Site
Payments page, which have also been set forth on each, individual purchase order form, and constitute an integral part of the General Conditions of Sale.

4.4) The Product purchase price and the shipping costs, as set forth in the order form, shall be charged by the Seller when the Products are shipped.

4.5) In the case in which payment is made by credit card, the financial information (such as, for example, the credit or debit card number or its expiry date) shall be forwarded encrypted to banks or companies that supply the relative electronic distance payment services, without any third person whatsoever having access to the same. Furthermore, said information shall never be used by the Seller except for completing the procedures relative to the purchase, for which it was provided, and to issue any reimbursement in case of the Products being returned, further to asserting the withdrawal entitlement or to prevent or report fraud having been committed on the Site to the Police.

4.6) If the Product is delivered to a country within United States of America, it should not be subject to any Customs Clearance costs, such as import taxes and/or duties.
If, instead, delivery is made to a country that does not belong to United States of America (i.e. Canada), the Products sold might be subject to Customs Clearance costs, such as importation taxes and/or duties, which are demanded on the Product’s arrival in the country of delivery. The Customs Clearance costs cannot be envisaged by the Seller in advance, and they shall, in any case, be fully borne by the Client.
If you require some more information, the Client should contact the Customs and Excise office in the country where the Product is shipped.

5) PRODUCT DELIVERY

5.1) The Products, ordered on the Site, are sent by express courier service. The Product delivery costs, methods and terms have been set forth on the Shipping page, as well as on each, individual purchase form, and shall constitute an integral part of the General Conditions of Sale.

5.2) The Product delivery time, on the Site, refers exclusively to working days, explicitly excluding public holidays.

5.3) The Client must make the purchase order directly on the Site page relative to the country where the purchased Product shall be delivered. The Site should be capable of automatically recognising the country from which the Client is connecting, but you can change the Site reference country by means of the list of shipment countries that have been drawn up on the relative Site page.
The orders made from one section of the Site relative to a country other than the one where the Products are to be shipped or to a country other than the one envisaged as the destination or to an address that is not admitted by the courier appointed by the Seller (such as, for example, P.O. boxes and Hold Mail services), shall not be accepted.

WITHDRAWAL ENTITLEMENT

Asserting the withdrawal entitlement

6.1) The Client shall be entitled to withdraw from the agreement executed with the Seller, free-of-charge, and without having to explain why, within fourteen (14) days running from the date on which the Products, purchased on the Site, are physically acquired.

6.2) The Client, in order to assert his withdrawal entitlement, may communicate his decision to withdraw from the agreement by means of the withdrawal form on the Site. To this end, the Client shall undertake to access the section of the Site relative to the orders made, fill in the withdrawal form and e-mail it to the Seller.

6.3) Alternatively, the Client shall be entitled to send an explicit, written communication concerning his decision to withdraw from the agreement to the Seller, supplying his personal details (such as his name, surname, address and e-mail), the dates on which the Products were ordered and when they were received, the order number and the relative Products purchased; to this end, the Client shall be entitled, if he wishes, to use the model withdrawal form referred to in Annex I of the (Italian) Legislative Decree Law No. 21, dated 21st February 2014. In the case in which the Client selects this option, the withdrawal communication must be sent to the Seller by:
- post: Fashion Distribution Services Inc., 34 Engelhard Avenue, Avenel – NJ07001
or
- e-mail: customercare@parajumpers.it.

6.4) When the withdrawal entitlement is asserted, the Product chosen cannot be directly replaced by another one; if the Client wishes to purchase a new Product, he shall have to start again and make another order.

6.5) The Client shall be held liable for the reduction in value of any Products, which has been caused to the same, other than what is required to establish the Products’ nature, characteristics and operating capacity.

6.6) The Seller shall be entitled not to go ahead with the withdrawal procedure if the Products are returned without their identification tags.

6.7) Furthermore, the withdrawal entitlement cannot be asserted if the:
- Products have been made to measure or customised;
- Products run the risk of deteriorating or going off quickly;
- sealed Products cannot be returned for reasons of hygiene or connected with health protection, and which have been opened after delivery;
- Products, after delivery, have been inextricably mixed with other goods;
- Products are made up of sealed audio or video recordings or sealed IT software, which have been opened after delivery

Return times and conditions

6.8) Products that are subject to withdrawal must be returned to the Seller. In order to go ahead with the returns procedure, the Client shall undertake to send the Products back, within fourteen (14) days running from the date on which the Client sent the Seller the relative withdrawal form available from this page. The Products returned can also be sent with the withdrawal form referred to in Article 6.3 foregoing hereto.

6.9) Payment of the costs incurred by returning the Products shall be charged to the Client.

6.10) You should, where possible, return the Products inside the packaging sent by the Seller.

Reimbursement times and conditions

6.11) Once the Products have been received, the Seller shall go ahead with the ascertainment procedure relative to the conformity of the same with the terms and conditions set forth in Article 6.

6.12) If the inspection procedure is successful, the Seller shall undertake to send the Client, by e-mail, the relative, returned Products acceptance confirmation, and shall go ahead with reimbursing the price of the products returned.

6.13) Whatsoever payment method was adopted by the Client, reimbursement shall be activated by the Seller, further to checking the correct execution of the withdrawal entitlement, in the shortest time possible and, in any case, within fourteen (14) days from the date on which the Seller received the withdrawal communication. Reimbursement may be suspended by the Seller until receipt of the Products or until the Client has proven that he has sent the Products back, if previous thereto.

6.14) The Seller shall perform the reimbursement using the same method of payment that had been used by the Client for the initial purchase, unless explicitly agreed otherwise. If there is no match between the recipient of the Products indicated in the order form, and the individual who paid for their purchase, reimbursement of the monies paid shall be made in favour of the individual who paid, unless agreed otherwise.

6.15) If the terms and conditions to assert the withdrawal entitlement are not complied with, as specified in Article 6, the Client shall not be entitled to reimbursement of the monies previously paid in favour of the Seller; however, the Client may be able to reobtain, at his own expense, the Products in the state in which they were returned to the Seller.

LEGAL GUARANTEE OF CONFORMITY

7.1) Besides the warranty provided for any faults in the goods sold, the Seller shall provide the Products with a legal guarantee of conformity, in compliance with applicable law. Said warranty envisaged that the Seller shall be liable for any non-conformities in the Products sold, which arise within two (2) years from the Products’ delivery.
In order to take advantage of this guarantee of conformity, the Client, at the risk of forfeiting this right, must inform the Seller of any defect in the Product purchased within two (2) months of having found it.
In the case of any defect in conformity reported within the terms envisaged, the Client shall be entitled, at his own decision, to have the Seller repair the goods or refund the price paid for the product, without any costs being incurred in both cases, except when the remedy requested is objectively impossible or excessively burdensome compared to the other one. The Client shall also be entitled to request, at his own decision, an adequate reduction in the price paid or termination of the agreement, in those instances in which repair is impossible or excessively burdensome, the Seller has not repaired the goods within an adequate period of time or the repair, previously performed, has incurred considerable inconvenience for the Client.
If you wish to take advantage of the guarantee of conformity, you should keep and show the Product’s purchase documents.
For more information concerning the consumer legal guarantee of conformity, the Client should consult the Consumer Protection Laws.

8) PRIVACY

8.1) In relation to the Client’s personal data processing, reference should be made to the Information provided on Privacy.

8.2) In order to take advantage of specific services provided further to the Client’s request, information specifications shall be supplied as well as specific authorisation when personal data is collected, if necessary.

9) APPLICABLE LAW AND DISPUTE SETTLEMENT

9.1) Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Diana USA Corp. agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to Diana USA Corp. at: Diana USA Corp. 68 Greene Street 5th floor, New York, NY10012; (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Diana USA Corp. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

9.2) To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Diana USA Corp. expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

10) AMENDMENT OF THE GENERAL CONDITIONS OF SALE

10.1) The General Conditions of Sale may, at any time whatsoever, be amended by the Seller, even in relation to any legislative changes that might arise. The new General Conditions of Sale shall enter into force from the moment in which they are published on the Site. Clients are, therefore, invited to regularly access the Site to consult the most up-to-date version of them, prior to making any purchase

10.2) The General Conditions of Sale applicable to each agreement executed by the Client by means of the Site shall be those in force on the date on which the purchase was sent.

11) CUSTOMER CARE

11.1) If you require any assistance concerning the Products, or any further information, or if you wish to make any suggestions, complaints and/or requests, the Client shall be entitled to contact the Seller’s Customer Services by means of the Contacts form care off the following:
- by e-mail:
customercare@parajumpers.it;
- by post: Diana USA Corp. 68 Greene Street 5th floor, New York, NY10012

Privacy policy

WHY WE ARE GIVING THIS ADVICE

The management methods, concerning how the site processes the personal data of people consulting it, have been described on this page. This is, furthermore, information that is provided in compliance with Article 13 of the (Italian) Legislative Decree Law No. 196/2003 – The Personal Data Protection Code in favour of all those who interact with Ape & Partners S.p.A. web services, which are accessible by internet from the following address:

http://www.parajumpers.it/

This information is only provided for the Ape & Partners S.p.A. site, and not for any, other sites that might be consulted by the user by means of links. The information has also been inspired by Recommendation No. 2/2001, that the competent, European Authorities, which protect personal data, through the Group created further to Article 29 of the Directive No. 95/46/CE, adopted on 17th May 2001, to identify the minimum requirements necessary for online, personal data collection and, in particular, the methods, time schedules and nature of the information that the data processing holders must undertake to supply users, when the latter connect to the website, independently of the reason why they connected. The Recommendation and a brief description of its aims has been set forth in other pages on this site.

THE DATA PROCESSING “HOLDER”

Further to consulting this site, the data relative to the individual, who has been identified or may be identified further to consulting this site, may be processed. The data processing Holder is Ape & Partners S.p.A., whose registered offices are located in Sestiere San Marco n°3877-Palazzo Corner Spinelli- 30124 Venezia-Italy (VE) REA VE N°413089.

DATA PROCESSING PLACE

Data processing connected with this site’s web services takes place care off Ape & Partners S.p.A.’saforementioned registered offices, and care off the offices of third parties who work with the company, and who have been specifically appointed in their capacity of external data processing controllers

TYPES OF DATA PROCESSED

Navigation data

The IT systems and software procedures set up to operate this website acquire, during normal use, some personal data, whose transmission is implicit in the use of Internet communication protocols. It is information that has not been collected to be associated with specific individuals, but, due to its very nature, could, through processing and association with the data held by third parties, identify the users. IP addresses or the domain names of the computers used by users, who connect to the site, fall into this category, as well as the URI (Uniform Resource Identifier) addresses of the resources requested, the time of the request, the method adopted in submitting the request to the server, the size of the file obtained by way of response, the code number indicating the state of the reply given by the server (successful, error, etc.) and other parameters relative to the user’s operative systems and the IT environment. This data is only used to obtain anonymous, statistical information concerning the site’s use and to check its accurate, functioning capacity, and is cancelled immediately after it has been processed. The data could be used to ascertain liability in the case of hypothetical, IT crimes, committed against the site: except in this case, the web contact data does not exist for more than seven days.

Data supplied voluntarily by the user

The optional, explicit and voluntary sending of e-mails, sent to the addresses indicated on this site, leads to the subsequent acquisition of the sender’s address, which is required to reply to his requests, as well as any other, personal data that has been added to the communication. Specific, brief information is progressively set forth or visualised on the pages of the site that has been created for particular services on request.

COOKIES

Cookies are short files that contain the data relative to your navigating activities, which the websites memorise, while you are browsing, in order to improve the experience.

While you are browsing a website, the latter sends cookies to the device that you are using (pc, notebook, tablet, smartphone). The latter, are normally maintained in the browser you are using. The website that has sent the cookies can, then, read and record the ones that are held on the same device, to obtain various kinds of information, in relation to the use. What information? Each type of cookie has a specific purpose.

WHAT TYPE OF COOKIES ARE THERE?

There are three, large cookie categories, each one has its own characteristics: technical cookies, profiling cookies and third party cookies.

TECHNICAL COOKIES are required for the website to operate correctly and are indispensable for navigating. If there were no technical cookies, you would be unable to see the pages correctly or not be able to use some of the services. A technical cookie, for example, is fundamental to enable the user to remain connected whilst visiting a website or to memorise language settings, display, etc. ... Technical cookies can, furthermore, be identified in: navigation cookies, analytic cookies and functionality cookies.

a.Navigation cookiesguarantee the possibility of regularly browsing and using the website (for example, they allow you to make purchases or to go ahead with authentication to access restricted areas);b.Analytic cookiesmay be assimilated with technical cookies only when directly used by the website provider to gather information, in aggregate form, concerning the number of users and the methods the latter use to visit the site;c.Functionality cookiesallow the user to browse according to a series of criteria selected (for example, language, products chosen for purchase, etc.), to improve the service provided in favour of the user.

PROFILING COOKIES are used to profile the user. They are used to send advertising messages that are in line with the preferences indicated by the user, whilst browsing.

THIRD PARTY COOKIES are generated and managed by individuals other than the website provider where the user is browsing (generally, on the strength of an agreement between the site owner and a third party).

All the cookies can also be catalogued as follows: session cookies are cancelled when the navigation browser is closed; persistent cookies remain in the browser for a specific period of time. The latter are used, for example, to recognise the device that is connecting to the site, and facilitates the user’s authentication operations.

HOW SHOULD COOKIES BE USED?

The following table has summarised how cookies and third party cookies are used on our website. Said use includes recourse made to cookies to:

• Calculate the total number of individuals visiting the site on a continuous basis;• Recognise the browser types (Firefox, Safari or Internet Explorer) and the operative systems (for example, Windows or Macintosh) used to visit our site;• Monitor website performances – including how visitors use them – to improve the site;• Customise and improve the user’s online experience.

WHICH COOKIES DOES THIS SITE USE?

In order to guarantee that our site operates properly, and to make the navigation experience as pleasant as possible, we use technical cookies. In pursuing our objective to improve the site and identify those parts and elements that are most appreciated by our users, we use third party cookies: Google Analytics, Facebook. This anonymous analysis and aggregate tool is useful in monitoring your navigation characteristics (such as the browser used and the screen display resolution used), in order to improve it and offer you that best possible quality of service. The cookies used by this site, the origins of the cookies and the methods adopted to block profiling and third party cookies have been set forth below in detail, whilst, if you wish to block technical cookies, the only thing to do is act at browser level, undertaking the following indications.

Session Cookies:

cookies name: __utmc
ownership and origin: third party .google.com
policy and how to disable: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookies-usage?csw=3

Persistent Cookies:

cookies name: currency
ownership and origin: first party, www.parajumpers.it
how to disable: see below the methods used to disable the cookies function directly from the browser used

cookies name: frontend
ownership and origin: first party, www.parajumpers.it
how to disable: see below the methods used to disable the cookies function directly from the browser used

cookies name: d_alert
ownership and origin: first party www.parajumpers.it
how to disable: see below the methods used to disable the cookies function directly from the browser used

cookies name: d_listing
ownership and origin: first party, www.parajumpers.it
how to disable: see below the methods used to disable the cookies function directly from the browser used

cookies name: d_shipping
ownership and origin: first party, www.parajumpers.it
how to disable: see below the methods used to disable the cookies function directly from the browser used

cookies name: d_store
ownership and origin: first party, www.parajumpers.it
how to disable: see below the methods used to disable the cookies function directly from the browser used

cookies name: ow_cookies_notice
ownership and origin: first party, www.parajumpers.it
how to disable: see below the methods used to disable the cookies function directly from the browser used

HOW TO DISABLE COOKIES

The majority of browsers (Internet Explorer, Firefox, Chrome, etc.) have been configured to accept cookies. The cookies that have been memorised on your device’s hard disc can, in any case, be cancelled, and, furthermore, cookies can be disabled by following the indications supplied by the main browsers, on the following links:

Chrome

Click on the Chrome menu located in the browser’s tool bar.

Select settings.

Click on show advanced settings.

In the "Privacy" section, click on the contents’ settings’ button.

In the "Cookies" section, you can change the settings relative to the cookies.

Safari To set the block cookies by Safari in iOS 8, touch settings > Safari > Block cookies and choose "Always allow", "Allow only by websites visited ", "Allow only by the current website " or "Always block ". In iOS 7 or less recent versions, choose "Never", “By third parties and advertisers" or "Always".

Firefox

Click on the menu button and choose Preferences.

Choose the Privacy panel.

Under the heading, history settings: choose customised settings.

To enable cookies, tick the Accept site cookies box; to disable, uncheck the box

Explorer

To open Internet Explorer, click on the Start button. Digit Internet Explorer in the search box and, then, click on Internet Explorer in the results list.

Click on the Tools button and, then, on Internet Options.

Click on the Privacy tab, and move the slider upwards in Settings to block all the cookies or downwards, to enable them all, and then click on OK.

The cookies block could lead to some Web pages not being seen accurately.

Some cookies are used to trace and profile "behavioural advertising"; it is possible to find the definition and explanations at this address, in the hope that it can be easily understood by all user groups. In other words, behavioural advertising is a practice that is based on web browsing activities and enables brands to send advertising messages to network users in relation to their interests. It is safe, transparent and aimed at providing consumers with controlling power. This link will supply a thorough explanation concerning your online choices, and will allow you to understand how to disable behavioural advertising. http://www.youronlinechoices.com To check and directly manage the advertising cookies, please visit the following address: http://www.youronlinechoices.com/it/le-tue-scelte/ here, you can enable or disable, at browser level, the various companies’ cookies individually.

THE OPTIONAL PROVISION OF DATA

Apart from what has been set forth concerning navigation data, the user is free to supply his personal information, set forth in the applications form to Ape & Partners S.p.A. or, in any case, provided in relation to contacts made with the Office to solicit the sending of information or other communications. Failure to grant this information may lead to the impossibility of obtaining the material requested. For the sake of thoroughness, it should be remembered that in some cases (not subject to this site’s ordinary administration) the Authorities shall be entitled to request news and information pursuant to Article 157 of the (Italian) Decree Law No. 196/2003, for the purposes of controlling personal information processing. In this instance, the answer is obligatory, at the risk of being fined for non-compliance.

DATA PROCESSING METHODS

The personal data processed on this site is only handled by the Office technical personnel appointed to deal with the latter, by employees appointed occasionally for maintenance purposes, and external operators who have been specifically appointed to process the data. No data derived from the web service is communicated or divulged. The personal data supplied by users, who forward requests for information materials (such as, bulletins, Cd-roms, newsletters, annual reports, replies to queries, etc.) are only used to provide the service or performance requested and are only sent to third parties, when this is required. Personal data is processed with automated tools, and for the time that is strictly required to achieve the aims for which it was collected in the first place. Specific security measures are observed to avoid any data loss, unlawful or improper use and unauthorised access.

RIGHTS OF THE INTERESTED PARTIES

The interested parties shall be entitled to have confirmation or not, at any time whatsoever, as to the existence of any data that may refer to them, and to be advised as to their contents and origin, check the accuracy, and have it updated and corrected (art. 7 of the (Italian) Legislative Decree Law No. 196/2003). Furthermore, pursuant to said article, the interested parties may request the removal, transformation into an anonymous form or blocking of any data processed in breach of the law, as well as oppose its processing, in any case, for lawful reasons.

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The website, www.parajumpers.it, DOES NOT USE any profiling cookies, but some third party cookies are, instead, used that are connected with “social plugin”. If you would like to find out more about how cookies are used on this site, and learn how to disable them, you can consult the detailed information provided with reference to how cookies are used. Continued browsing, by means of access to another area on the site or selecting any element from the same, shall imply that you have duly authorized the use of cookies.